Traditional Property Right and Utilization Right

3.5.3 Traditional Property Right and Utilization Right

Table 12 describes the mixed property and used of the land as paddy field, garden, mixed garden, mixed forest, scrub, secondary forest, old secondary forest and primary forest. Because the traditional system of several types of land is identical. The land forms were divided into four groups; (1) paddy field, (2) garden, mixed garden and mixed forest, (3) scrub and secondary forest, (4) old secondary forest and primary forest. Moreover, the utilization right was considered to be different between cultivated plants and natural plants. Cultivated plant were found to be divided into three categories rice and vegetables, trees, (except fuel wood) and fuel wood. Natural plants were divided into three categories grass, tree and fuel wood.

As for property rights, tight rules are observed in paddy fields and gardens etc. This mean that it is impossible to alienate or give the property right to others because these are already fixed cultivation areas and are indispensable for their basic daily need. Scrub and secondary forest have loose property rights where anyone can expand into this area for their own cultivation. However, these area restricted within some traditional rules. These are as follows:

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Table 11: Land tenure of local people (%) Name of

National Park village

Privately Owned Property

Plantation

Forest Concession

Paddy garden total

Paddy garden total

Paddy garden total

Paddy garden total

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If those who have already cultivated the land would like to ensure the property rights, it is essential to plant trees on purpose so as to assert their right. Banana are not recognize as an indicator of the property right. The inheritance of the land to their children is also approved. It is often the case that even if there exists no planted trees as an indicator, the property right are recognized with the assertion. However, the period of the right can not continue more than three years without precise indicators. The right without any sign is gradually invalid as plant succession grows from scrub to secondary forest.

Whether the land is ensured or left depends on the individual opinion. This is the reason why the customary property rules in scrub and secondary forest are mentioned as a loose system. Scrub or secondary forest without any management may describe the lack of intention to continue to cultivate the lands as garden.

Individual rights of paddy fields is so strict ans strong that no one can enter into the paddy field to pick rice. In the garden, it is possible to gather vegetables with comparative freedom. This explains that a person is allowed to gather for temporary consumption without the owner’s previous permission. However, it is often the case that this rule is available only among close friends or relatives.

Planted trees in paddy fields, gardens, scrub and secondary forest are forbidden to be felled without permission. On the other hand, a person is allowed o gather fuel wood from planted trees such as fruits trees or fast growing trees.

A person is free to gather natural grass, trees and fuel wood from private property. However, in Leuwijamang and Cibedug, it is forbidden to fell natural trees on private property. This is the reason why the limited cultivation areas owned by the local people, in these two villages, do not provide enough natural useful trees, so that they are included to keep the rights for natural resources within their own land.

Old secondary forest and primary forest are open access areas, but nobody can enter into this area for the purpose of gathering forest products for food, fuel wood, materials for construction and so on. This area plays an important role for local people because it sometimes occurs that the gardens do not provide enough fuel wood to fulfill their daily needs. This is the reason why government has to manage the area effectively so that the local people and the government can exist together.

These facts mentioned above can conclude two points. The one is that customary land use systems still exist even if modern property rights prevail. Moreover, collective usufruct was confirmed except with private property rights. The second is that open access areas such as old secondary forest or primary forest is actually indispensable for their lives. It is one of the serious key points as to how local people are compatible with the government.

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